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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
IFFCO TOKIO General Insurance Company Limited – Appellant
Versus
Geeta Podial – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Present order would dispose of two appeals. First being FAO-6010-2017 which has been filed by the Insurance Company challenging the award dated 31.03.2017, vide which compensation to the tune of Rs.18,74,600/- had been awarded to the claimant-Geeta Podial along with interest, on account of death of her husband Jagdish Podial, which had taken place in a motor vehicular accident which had occurred on 05.10.2014. The prayer in the said appeal is for reduction of the compensation awarded. The second appeal i.e. FAO-4640-2017 has been filed by the claimant-Geeta Podial challenging the same award and the prayer in the same is for enhancement of compensation. The only question which arises for consideration in the present appeals is whether the compensation which had already been awarded deserves to be enhanced or reduced, as the other aspects are not being disputed before this Court.
ARGUMENTS ON BEHALF OF THE INSURANCE COMPANY:-
2. Learned counsel for the insurance company has submitted that in the present case, the benefit of future prospects has been granted by adding 50% to the salary of the deceased, which has been found to be Rs.8100/- per month. It is sub
Unchallenged oral evidence proves deceased's income despite no documents; 40% future prospects for self-employed under 40; conventional heads fixed at Rs.50,000/- consortium, Rs.20,000/- estate/funer....
Compensation for road traffic accidents must be calculated based on gross income less tax, including future prospects and adequate general damages as per legal precedents.
The inclusion of prospective income increases the compensation amount, emphasizing the need for future salary revision when calculating loss of dependency in fatal accident cases.
(1) Determination of income while computing compensation has to include future prospects.(2) Multiplier has to be adopted/applied considering age of deceased and not age of parents.(3) Fatal accident....
Point of Law : Motor Vehicle - Accident - seeking enhancement of the award amount - Liability of insurance company - since the Insurance Appeal was mostly involving an attempt to reduce the compensat....
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